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UNITED STATES v. GURLEY

No. 26099.

415 F.2d 144 (1969)

UNITED STATES of America, Appellant, v. Juanita C. GURLEY, formerly Juanita C. Hill et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 30, 1969.

Attorney(s) appearing for the Case

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Crombie J. D. Garrett, Howard M. Koff, Attys., Department of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Virginia Q. Beverly, Asst. U. S. Atty., Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, Tax Div., Washington, D. C., Richard C. Pugh, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D. C., Harry Marselli, Atty., Tax Div., Dept. of Justice, Washington, D. C., of counsel, for appellant.

Dean Boggs, Mahon & Mahon, Harry B. Mahon, Jacksonville Fla., for appellee, Juanita C. Gurley.

James P. O'Flarity, North Palm Beach, Fla., R. Hudson Olliff, Jacksonville, Fla., W. Warren Cole, Jr., of Black, Cobb, Cole, Crotty & Sigerson, Daytona Beach, Fla., for Gloria M. O'Flarity.

Before JOHN R. BROWN, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.

FULTON, District Judge:

This is a complex case involving distribution of interpleaded insurance proceeds. The United States Government has appealed from disposition of the cause in the pleading stage by the granting of a judgment on the pleadings to one defendant and a summary judgment to another.

Background of the Cause

In September of 1965 certain premises and the contents thereof were insured with Commercial Union Insurance Company by Juanita...

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